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Fatwa #590015 June 2002Canada

Is it permissible to attend law school in the west?

Question

Salam Walaikum, I am in the process of applying to law school in Canada and I am unsure as to wheather it is halal or haram to study law other than Sharia. Since going to law school is a major career/life decision it is important that this matter be clear. Salam Wa alaikm

Answer

Kindly refer below our standard reply to similar queries. You may contact us%0D%0Afor further queries.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AQ: You are Judge in the Federal Shari'at Court and a well versed person in%0D%0AIslamic Law and concepts. Considering this background of yours, I thought%0D%0Ayou could answer or help me out in the following points:%0D%0A1. Is the present profession of advocacy repugnant to the Islamic Judicial%0D%0ASystem, because in that you need not pay fee or hire a lawyer to conduct%0D%0Ayour case.%0D%0A2. The same question with regard to legal consultancy %2F advisor%0D%0A3. Is the government in an Islamic state who should provide full legal%0D%0Aassistance in respect of any matter.%0D%0A4. Can the doctrine of necessity be extended in the above case considering%0D%0Athat legal system has gone complex or developed too much.%0D%0A5. In view of above points, is the profession or Advocacy, etc. 'Halaal' or%0D%0A'Haraam' under Islamic Law.%0D%0ASir, these are the points which are agitating in my mind. I hope, Sir,%0D%0Asparing some time you would throw some light on these points. I shall ready%0D%0Abe thankful to you for this kind of gesture. (MSB)%0D%0A%0D%0AA: 1 & %: The profession of advocacy, in itself, is not prohibited. This is%0D%0Aa service rendered to the client for which an advocate can charge a fee.%0D%0AHowever, this permissibility is subject to three conditions. Firstly, a%0D%0AMuslim advocate is not allowed to plead the case of a person whom he%0D%0Abelieves to be unjust. Therefore, if he knows that his client has committed%0D%0Aan offence, he is not allowed to plead for his innocence. The noble Qur'aan%0D%0Ais very clear on this point where it says, 'And do not be an advocate for%0D%0Athose who have committed breach of trust.'%0D%0ANevertheless, it is not impermissible for an advocate to plead for any%0D%0Aconcession given to the culprit under the law, for example, in the above%0D%0Acase it is not allowed to plead for the innocence of an offender, however,%0D%0Ait is permissible to plead for reduction of his sentence on the grounds of%0D%0Agenuine mitigating circumstances. Secondly, it is not allowed for a%0D%0AMuslimadcvocate to help his client in claiming a right which is disapproved%0D%0Aby the Shari'ah, for example, if a person wants to sue his opponent for%0D%0Arecovering usury or interest, a Muslim advocate cannot plead his case to%0D%0Athat extent. Thirdly, a Muslim advocate is not allowed to use prohibited%0D%0Ameans to advance the case of his client like false statement, forged%0D%0Adocuments, etc. Subject to these three conditions the profession of advocacy%0D%0Acannot be termed as repugnant to the injunction of the noble Qur'aan and%0D%0ASunnah.%0D%0A%0D%0A2. Whatever has been stated above with regard to the advocacy is equally%0D%0Aapplicable to the profession of legal consultancy.%0D%0A%0D%0A3 & 4 There is no doubt that one of the basic responsibilities of Islamic%0D%0Astate is that it provides justice to its citizens without undue cost. It is%0D%0Aalso advisable for it to provide full legal assistance to the people when%0D%0Athey need to acquire justice. However, if the resources of an Islamic state%0D%0Aare not sufficient to provide this facility free of charge, private legal%0D%0Aconsultants and practitioners may render their services by charging a fee%0D%0Afrom their clients but of course all these are subject to the three%0D%0Aconditions already explained in answer of question No. 1%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AJustice Mufti Muhammad Taqi Usmani%0D%0AJudge - Shariat Appellate Bench: Supreme Court of Pakistan
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